Magnus, Kenneth v South Pacific Air Motive Pty Ltd & Ors [1997] FCA 1299

Magnus, Kenneth v South Pacific Air Motive Pty Ltd & Ors [1997] FCA 1299

Claims by passengers for physical injury—and psychological injury consequential upon such physical injury—are subject to the exclusive regime of Part IV of the Civil Aviation (Carriers' Liability) Act 1959, including its two-year limitation period. However, claims for purely psychological injury (nervous shock) sustained by passengers that are unconnected to physical injury, as well as nervous shock claims by non-passengers, are not precluded or extinguished by the Act and may proceed under other legal causes of action.

Parties
Applicant: Kenneth Magnus; First Respondent: South Pacific Air Motive Pty Ltd; Second Respondent: Group Air Pty Ltd; Third Respondent: Civil Aviation Safety Authority; Fourth Respondent: Airservices Australia
Jurisdiction
Australia
Judgment Date
27 November 1997
Procedural Posture
Representative Proceeding (part Iva, Federal Court of Australia Act 1977) / Application for Summary Dismissal (order 20 Rule 2, Federal Court Rules)
Outcome
Application for summary dismissal allowed in part.
Legal Topics
Civil Liability of Airline Carriers, Limitation of Actions, Personal Injury Vs Nervous Shock, Exclusivity of Statutory Cause of Action, Worker's Compensation Analogy
Aviation Law Torts Statutory Interpretation Civil Liability of Airline Carriers Limitation of Actions Personal Injury Vs Nervous Shock Exclusivity of Statutory Cause of Action Worker's Compensation Analogy

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Parties

Kenneth Magnus

Applicant

South Pacific Air Motive Pty Ltd

First Respondent

Group Air Pty Ltd

Second Respondent

Civil Aviation Safety Authority

Third Respondent

Airservices Australia

Fourth Respondent

Procedural Posture

Representative Proceeding (part Iva, Federal Court of Australia Act 1977) / Application for Summary Dismissal (order 20 Rule 2, Federal Court Rules)

Legal Issues

  1. 1 Whether Part IV of the Civil Aviation (Carriers' Liability) Act 1959 precludes claims for psychological injuries (nervous shock) brought by passengers and non-passengers, especially if brought outside the two-year limitation period and under causes of action other than the Act itself

Ratio Decidendi

Claims by passengers for physical injury—and psychological injury consequential upon such physical injury—are subject to the exclusive regime of Part IV of the Civil Aviation (Carriers' Liability) Act 1959, including its two-year limitation period. However, claims for purely psychological injury (nervous shock) sustained by passengers that are unconnected to physical injury, as well as nervous shock claims by non-passengers, are not precluded or extinguished by the Act and may proceed under other legal causes of action.

Court Disposition

Application for summary dismissal allowed in part.

Orders

  • Proceeding dismissed as against South Pacific Air Motive Pty Ltd and Group Air Pty Ltd to the extent that it claims on behalf of the applicant or any group member relief in relation to any physical injury sustained by that person, including psychological damage sustained by that person as a result of that physical...
  • Otherwise, the Notice of Motion of South Pacific Air Motive Pty Ltd and Group Air Pty Ltd dated 31 July 1997 dismissed.